17 November 2014

Frequently Asked Questions

F.A.Q.

May my landlord enter my room?

No, nobody may enter your house without your permission, so your landlord can’t either. This also applies to common rooms! You have the right to live in your house undisturbed. Your privacy is guaranteed. A landlord has the same amount of right to enter your room as a complete stranger. However, there is one exception: this doesn’t apply if the landlord has a maintenance obligation. Your landlord must announce when this is going to happen and a tenant must give him the space to perform this maintenance.

I want to terminate my contract. How do I do this?

If the tenant terminates his rent, he only has to take the period of consideration in account. This period is usually one month, but this can also be extended by contract with a maximum of three months. If the rent is terminated you have to leave your room in the original state. Any changes or things can be sold to the new tenant. The landlord has to give you your deposit back, if you leave your room in good condition. If necessary, remind your landlord to this fact. It is probably the best for your own and landlords certainty to terminate your rent by registered letter with a signature return. It’s a special case if the room is rent for a minimum period. A lot of people see these contracts as a fixed-term contract. As a tenant, you are not obligated to leave your room after this period, but you can’t terminate your rent before the contract is ended with a maximum period of a year.

My landlord terminated my contract, is this possible?

The landlord can’t just terminate the contract. You have rent control as a tenant. Landlords often tries to kick you out of your room unfairly. For example, because they want to sell the house, but buying doesn’t break the contract. This means that the house can be sold with the tenants in it. There are a few reasons why a landlord can terminate your contract. Besides those reasons, they also deal with a longer period of consideration. This period is three months plus one extra month every year that the tenant has lived in the house, with a maximum of six months. This means that that the period of consideration is six months if you’ve lived in your home for three years. But only if de landlord has a valid reason to terminate the rent. Intervention of the judge is necessary in all cases where the landlord wants to terminate the rent and the tenant doesn’t agree. The six reasons why a landlord can terminate the rent are:
1. You are not a good tenant. You have to mess up real bad as a tenant if you are not a good tentant. You can be one by not paying your rent, destroying the house, causing nuisance , etc.
2. Urgent own use. The landlord can terminate the rent if he urgently needs the house for himself. The landlord has to prove he needs the house more than the tenant before the judge grants this. A reason could be if the house of the landlord has burned down.
3. Refusal of a fair offer. You can decide not to agree with a renewal of your contract (because of a rebuilding, change in rental condition, etc). But take in account that a judge can decide that the changes are reasonable. The judge can dissolve the contract after consideration of interests of the tentant and the landlord. This doesn’t count if the landlord wants to change the rental price (or any other reason resulting in you paying more) and want to give you a new contract for that. Something about your house has to change before your contract can be renewed.
4. Changes in the development plan. As a student you can live above a store, or even in a house that has the destination of a store. The house isn’t used for it’s purpose in that case and that can also be a reason to terminate the rent.
5. Landlady (nine months). The landlady can decide that you don’t fit in the house during the first nine months that you live in your room. She can terminate the rent in the first nine months without a reason. She has to take the period of consideration in account, which is three months.
6. Campus contract. The campus contract is introduced to favor the flow in student rooms. Your rent can be terminated if you are not a student anymore if you live in a room that is considered a studentroom (pretty much all rooms of DUWO).

I don’t agree with my landlord, what should I do now?

A disagreement can occur between tenant and landlord. This can include various subjects, for example: defects or intimidation. A lot of problems can easily be solved by talking to your landlord, some of them are more complicated. If you want more information about the problem or you feel like your landlord is taking advantage of you, you can always contact our rental team. Make sure you contact us in time, so we can still change the situation. You can also contact the rent committee. It’s important that you send a letter to your landlord where you mention the problem and a possible solution to this problem with a reasonable term to achieve this solution for a procedure at this committee. The committee can only take action if the landlord didn’t respond to these letters. the verdict of the committee is binding for both parties, unless one of them decides to appeal against this verdict at the district court. This court usually agrees to the verdict of the committee. You should always remember that the most important thing is that as a tenant you can get a long with your landlord. Especially when it comes to a landlady contract. It’s always advisable to make sure the atmosphere is pleasant since you will be dealing with each other for quite some time. Sometimes, if you’ve had a really big fight with your landlord, it’s better to leave your room for your own piece of mind. If this is the case, you can negotiate with your landlord about a compensation for moving (Money you get if you leave voluntarily). Moving is expensive, you need money for new carpet, wallpaper, etc. Take this in consideration when you negotiate about the amount of money you get.

What is sublet?

Sublet is when you don’t use your room and you let someone else rent your room. There are many reasons why you want to do this. In general you will need a good reason for the end date, or else your subletcontract will be converted into a contract of indefinite duration. There are only two situation possible for this according to the law.
The Landlord rents his room because he is going to live somewhere else temporarily and he wants to return after a period of time. This happens a lot in student rooms, for example because of an internship abroad.

1. The landlord buys a house, but doesn’t live there immediatly himself. Instead he rents it to someone else first and later moves in himself. The landlord does need to deliver proof that he is in urgent need of the house after that period of time.
2. The landlord can compose a temporarily rental contract, but the student who goes abroad for some time can also compose this contract. He does need to ask his landlord for permission if he can rent his room to someone else.

Sublet is allowed in the Netherlands, unless the contract says otherwise or if the purpose of the room is to ease the shortage of rooms in the city.

Pitfalls

Subtenant doesn’t have that many pitfals for the subletter, but there are pitfalls for the tenant. The only thing the subtentant has to worry about is leaving the room in team in good condition. The tenants has to take many more in account. Firstly, the tenant has to mention a date when the subtenant has to leave the room. Sometimes residence abroad is extended. It could be dangerous if you postpone this date, since the subtenant can plead to rent control: he more or less has the same rights as the tenant has to his landlord. You have to get rid of your subtenant before you can live in the room again yourself. At the termination of the temporarily contract it must be in the best interests of the original owner or tenant of the room that they get back in it to prevent abuse with sublet

What to do?

If you want to sublet your room it’s always wise to consult this with your landlord first. Sometimes, your landlord can arrange you the sublet for you, for example, DUWO would love to know if you go abroad and if you want to sublet your room. If you have a sublet contract it automatically means that you have to find a room again after the end date. It’s nice that you have a good starting point for your search and with a little luck you can find a room within the complex you live in.